Judicial Review Is Not A Substitute For Examiner’s Judgment: Delhi High Court Rejects DJSE Candidate’s Plea Over Alteration of Marks Part-Payments Extend Limitation - Each Payment Revives Limitation: Delhi High Court Non-Stamping Renders A Document Inadmissible, Not Void – Defect Is Curable Once Duty Is Paid: Punjab & Haryana High Court Upholds Specific Performance MP High Court Upholds Ladli Behna Yojana Criteria; Rules Registration Deadlines and Age Limits Fall Under Executive Domain Criminal Courts Are Not Recovery Agents: Orissa High Court Grants Bail in ₹3.5 Crore Land Fraud Cases Citing Article 21 and Terminal Illness 304 Part I IPC | Sudden Fight Between Brothers Over Mud House Construction: Jharkhand High Court Converts Murder Conviction To Culpable Homicide When Rape Fails, Section 450 Cannot Stand: Orissa High Court Acquits Accused of House-Trespass After Finding Relationship Consensual Concurrent Eviction Orders Will Not Be Reopened Under Article 227: Madras High Court Section 128 Contract Act | Surety’s Liability Is Co-Extensive: Kerala High Court Upholds Recovery from Guarantors’ Salary Custodial Interrogation Not Warranted When Offences Are Not Punishable With Death or Life: Karnataka High Court Grants Anticipatory Bail to Deputy Tahsildar in Land Records Case Order VIII Rules 3 & 5 CPC | Silence Is Admission: State’s Failure To Specifically Deny Hiring Amounts To Acceptance: JK HC Consumer | No Complete Deficiency In Service — Excess Rainfall Also To Blame: Supreme Court Halves Compensation In Groundnut Seed Crop Failure Case Development Cannot Override The Master Plan: Supreme Court Nullifies Cement Unit CLU In Agricultural Zone Negative Viscera Report Is Not a Passport to Acquittal: Madras High Court Confirms Life Term of Parents for Poisoning Mentally Retarded Daughter Observations Have Had a Demoralising and Chilling Effect: Allahabad High Court Judge Recuses from Bail Matter After Supreme Court’s Strong Remarks Controversial YouTube Remarks On ‘Black Magic Village’ Not A Crime: Gauhati High Court Quashes FIR Against Abhishek Kar “Failure To Specifically Deny Allegations Amounts To Admission”: J&K High Court Reiterates Law Under Order VIII CPC Section 293 Cr.P.C. Does Not Bar Examination of Expert When DNA Report Is Disputed: MP High Court Medical Evidence Trumps False Alibi: Allahabad HC Upholds Conviction In Matrimonial Murder Where Strangulation Was Masked By Post-Mortem Burning Helping Young Advocates Is Not A Favour – It Is A Need For A Better Justice System: Rajasthan High Court Section 82 Cr.P.C. | Mere Non-Appearance Does Not Ipsi Facto Establish Absconding: Punjab & Haryana High Court Sets Aside Order Declaring Student Abroad as Proclaimed Person

Execution of Cheques Not Disputed by Petitioner; Repeated Efforts to Prolong Trial Observed: Delhi HC Dismisses Plea for Summoning Ex-Director as Defence Witness in Section 138 N.I. Act Case

07 May 2024 8:19 AM

By: Admin


In a recent judgment, the High Court of Delhi addressed the petitioner’s application under Section 311 Cr.P.C. seeking to summon an ex-director as a defense witness in a cheque dishonour case under Section 138 of the Negotiable Instruments Act. The bench, led by Hon’ble Mr. Justice Anoop Kumar Mendiratta, observed, “Execution of cheques not disputed by petitioner; repeated efforts to prolong trial observed.”

The primary legal issue revolved around the petitioner’s plea for summoning a defense witness under Section 311 Cr.P.C. in the context of a Section 138 N.I. Act case. The High Court’s decision highlighted the discretionary nature of Section 311 Cr.P.C. and its application in criminal trials.

The case, involving International Diamond Services Ltd. As the petitioner and Dimexon Diamond Ltd. As the respondent, stemmed from the dishonour of several cheques issued by the petitioner. The complaint, pending since 2006, involved allegations that the unilateral cancellation of a license by the original complainant, Kirti Ornaments Pvt. Ltd., caused significant losses to the petitioner. The petitioner sought to summon Paresh K. Lal Mehta, an ex-director of Kirti Ornaments, along with specific documents.

Relevance of Witness: The court noted that the execution of the cheques was not disputed. It questioned the relevance of summoning Paresh K. Lal Mehta, who was no longer associated with the complainant company and likely lacked access to pertinent documents.

Avoiding Prolonged Trials: Justice Mendiratta emphasized that the power under Section 311 Cr.P.C. should not be used as a ploy to delay trial proceedings. Observing the long pendency of the case, the court was inclined against further delaying tactics.

Prior Decisions and Omissions: The court referred to previous decisions where the petitioner’s requests were disallowed and observed material omissions in producing documents from other witnesses already examined.

Essentiality of Witness Testimony: The judge reiterated that the discretion under Section 311 Cr.P.C. is exercised only when the evidence appears essential to a just decision of the case. In this instance, summoning the ex-director was deemed unnecessary.

Decision Considering the facts and circumstances, the court found the petitions devoid of merit and accordingly dismissed them. The court directed the trial court to dispose of the matter expeditiously within six months.

Date of Decision: April 10, 2024

International Diamond Services Ltd vs. Dimexon Diamond Ltd.

Latest Legal News